Terms of service

General Terms and Conditions of Business

1. scope of application
The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2. contracting party, conclusion of contract
The purchase contract is concluded with SOÈM.

By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail.

3. contract language, contract text storage
The language available for the conclusion of the contract is German.

We store the contract text and send you the order data and our general terms and conditions by e-mail.

4. delivery conditions
The shipping costs to the consumer are paid by SOÈM for shipments within Germany. For all other countries the following applies: Shipping costs will be added to the stated product prices. You will find more details about the shipping costs in the offers.

We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.

5. payment
In our shop you can choose between the following payment methods:

Prepayment

If you choose payment in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal, Direct Debit, Credit Card and Invoice (if available)

During the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.

The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

Credit card

You have the option to pay by credit card (Visa, MasterCard, American Express). Your credit card account will be charged upon completion of the order.

6. cancellation and return policy
As a consumer, you can return your order within 14 days of delivery and receive a refund. The entire procedure for a return, as well as the necessary terms, conditions and consequences, must be taken step by step and in detail from our information at www.so-em.com/en/return/ A return must be announced and requested using the electronic returns form.

All items must be returned unused, with the original packaging wrap and in the original packaging. If the returned goods are not in a resalable condition, we cannot accept your return. Promotional gifts received with your purchase (10ml Hydrating Hand Sanitizer) must also be returned in their original packaging condition (wrapped).

The fragrance sample (3ml tester), which the consumer receives as a taste sample, may also be kept by the consumer in the event of a return.

If the order is only the OUD BLANC Petit - it can not be retuned.

The costs of the return shipment to SOÈM, (Mittelweg 142, 20148 Hamburg) shall be borne by the consumer.

7. Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply.

In the case of used goods, the following applies: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects are excluded. Defects occurring within one year of delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.

The above restrictions and shortening of the period shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

– in the event of injury to life, limb or health,

– in case of intentional or grossly negligent breach of duty as well as fraudulent intent,

– in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)

– within the scope of a guarantee promise, insofar as agreed, or

– insofar as the scope of application of the Product Liability Act is opened.

Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.

8. Liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

– in the event of injury to life, limb or health,

– in case of intentional or grossly negligent breach of duty,

– in the case of warranty promises, insofar as agreed, or

– insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

9. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.

We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Terms and conditions created with the Trusted Shops legal text editor in cooperation with Wilde Beuger Solmecke Rechtsanwälte.